1. On April 15, 1970, several hundred students at Penn State participated in a demonstration at the "Old Main" Building on the Penn State campus, which resulted in personal injuries and property damage. Thereafter, a special three-member Disciplinary Panel
*fn2"
was appointed by the University Board of Trustees to hear the charges brought by University officials against forty students for violation of University rules. Several days of hearings were held by the Panel, during which the students charged were afforded a wide range of constitutional rights.

2. Geoffrey Sill, 25, is a graduate student enrolled in the Doctoral Program of the Department of English at Penn State. He has completed his classwork requirements and is preparing to begin research on his Doctoral dissertation topic, having received the informal approval of most of the faculty Committee which will advise him. The Committee Chairman and chief dissertation adviser, Alan Trachtenberg, Ph. D., is now a Professor at Yale University, New Haven, Connecticut.

3. On June 19, 1970, Eric A. Walker, then President of Penn State,
*fn3"
notified Sill of his immediate dismissal from the University for disciplinary reasons arising out of Sill's alleged participation in the demonstration at the "Old Main" Building.
*fn4"
Sill was then provided an opportunity to submit further materials to the President by June 26, 1970, which he did, but on June 30, 1970, one day after the beginning of the Summer Term, the President notified Sill that the dismissal would stand.

4. At the time of his dismissal, Sill had registered for the Summer Term at Penn State for research credits towards his Doctoral thesis, which he hoped to complete by December, 1970.

14. At the time of his dismissal, Weiss had enrolled in the Summer Term at Penn State for research credits. Weiss is at that stage in his education where he is about to "take hold" as an intellectual researcher with minimum future supervision.

15. At the time of his dismissal, Weiss had expected to be appointed as a graduate assistant for the Fall Term beginning on or about October 1, 1970.

16. In accordance with the University's stipulation, the graduate assistantship Weiss expected to receive for the Fall Term will be held in abeyance pending the outcome of the trial of this action on the merits.

17. The culture developed by Weiss in the course of his research will be maintained by the Bio-Physics Department during the pendency of this action.

As is evident from the Findings of Fact, all of the original points of irreparable injury alleged by Sill and Weiss have been countered and neutralized by numerous defense stipulations. These allegations of harm have included possible adverse reclassifications by the Selective Service System, loss of a prestigious Fellowship and a graduate assistantship, loss of an important research culture, loss of the use of the laboratory and library facilities, and being deprived of the formal assistance of their Professors. Penn State has agreed to maintain the status quo in each instance except one, viz., the return of Sill and Weiss to official student standing. In light of the numerous concessions by defendants pending a final adjudication on the merits, the absence of officially recognized student status hardly constitutes irreparable harm.

With respect to Sill, the testimony of Dr. Henry W. Sams, Professor of English and Chairman of the Department at Penn State, is important. Dr. Sams' testimony was supplemented after the hearing by certain interrogatories on Sill's particular ability to perform his Doctoral thesis research pending a decision in this lawsuit. Dr. Sams, who was originally called on behalf of Sill, stated that Sill could technically proceed with his graduate study quite profitably, while citing only his emotional state as being inimical to productive research. His testimony further supports the finding that Sill's lack of enrollment in the Summer Term of the University will not affect his use of the University's library facilities or the advice and counseling he needs on his Doctoral thesis. Dr. Sams agreed that Sill's work could "* * * be done almost anywhere and he works pretty much on his own." This testimony coupled with the University's Selective Service and Fellowship stance convince me that Sill will suffer no irreparable injury under the present circumstances.

With reference to the reasonable likelihood of success on the merits, plaintiffs' arguments are three-fold: (1) the regulations are vague and overbroad; (2) the convening of a Special Disciplinary Panel violated procedural due process, and (3) substantial evidence does not support their dismissal.

While these contentions warrant serious consideration, they are not so strong and certain as to warrant interlocutory relief absent a clear showing of irreparable injury. See Kontes Glass Co. v. Lab Glass, Inc., supra; Developments in the Law -- Injunctions, 78 Harv. L. Rev. 994, 1056 (1965).

CONCLUSIONS OF LAW

1. The Court has jurisdiction of the parties and the subject matter.

2. Geoffrey Sill and Steven D. Weiss have not established that they will suffer irreparable injury pendente lite if injunctive relief is not granted them.

3. Geoffrey Sill and Steven D. Weiss have not established that there is a reasonable probability of eventual success in this litigation.

4. Geoffrey Sill and Steven D. Weiss are not entitled to a preliminary injunction and their application for same is denied.

ORDER

Now, August 3, 1970, in accordance with the Opinion, this day filed, the motion of Geoffrey Sill and Steven D. Weiss for a preliminary injunction be and the same is hereby denied.

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